Delhi ordinance row: The bill is set to be tabled in Parliament this week
New Delhi:
Various key changes have been made in the bill, which aims to replace the ordinance for the control of services and officers’ posting in Delhi, official sources have said.
The draft bill, set to be tabled in Parliament this week by Home Minister Amit Shah, has been circulated among the MPs.
Three provisions have been removed in the Government of National Capital Territory of Delhi (Amendment) Bill, while one provision has been added to it.
One of the contentious provisions in the Ordinance that restricted the Delhi Assembly from enacting any laws relating to ‘State Public Services and State Public Service Commission’ has been omitted in the bill.
The newly added provision in the bill states that the Lieutenant Governor will make appointments to Boards and Commissions constituted by the Delhi government based on a panel of names recommended by the National Capital Civil Service Authority – comprising the Chief Minister of Delhi.
The appointment of the city’s power regulator chief was the recent flash point in the Delhi government and the Centre’s tug-of-war on who will control the capital’s bureaucrats.
The ordinance was issued by the Centre recently to override a Supreme Court order that said the elected government in Delhi has control over the transfer and appointments of bureaucrats.
The controversial bill has sparked a massive face-off between the Arvind Kejriwal government and the Centre. The Aam Aadmi Party has accused the BJP of trying to subvert the rule of law while trying to take over control of officers in the capital. Arvind Kejriwal travelled across the country, meeting various chief ministers and opposition party leaders to gain their support.
Omissions:
1. ‘Additional provisions with regard to Delhi Legislative Assembly’ inserted as Section 3A through the Ordinance has been removed in the bill. Section 3A of the ordinance said, “Notwithstanding anything contained in any judgement, order or decree of any Court, the Legislative Assembly shall have the power to make laws as per Article 239AA except with respect to any matter enumerated in Entry 41 of List II of the Seventh Schedule of the Constitution of India or any matter connected therewith or incidental thereto.:
2. Provision mandating tabling ‘annual report’ of National Capital Civil Service Authority in Parliament and Delhi assembly.
3. Provision mandating placing of ‘orders / directions of ministers pertaining to proposals or matters required to be referred to the central government before the Lieutenant Governor and the Chief Minister of Delhi.
Addition:
1.For Boards or Commissions, which are made by the law enacted by Delhi assembly, the National Capital Civil Service Authority shall recommend a panel of names for appointment by the Lieutenant Governor.
Matter in Supreme Court
The Supreme Court had in May passed a verdict in favour of the Delhi government, saying it will have control all services in the national capital, except those relating to public order, land and police.
The Centre has now sought a review of the verdict. The Arvind Kejriwal government, on its part, has moved Supreme Court against the ordinance the central government brought soon after the big court ruling.
Last week, the top court referred the Delhi government’s plea challenging the Centre’s ordinance, to a five-judge constitution bench.
It said that the constitution bench will examine whether Parliament can “abrogate the constitutional principles of governance” for the Delhi government by making a law to take away its control over services.
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